Koehn v. State

Full title: KOEHN v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 12, 1976

231 S.E.2d 470 (Ga. Ct. App. 1976)

231 S.E.2d 470

Opinion

52837.

SUBMITTED OCTOBER 12, 1976.

DECIDED NOVEMBER 12, 1976. REHEARING DENIED DECEMBER 8, 1976.

Drug violation. Gwinnett Superior Court. Before Judge Merritt.

Glyndon C. Pruitt, for appellant.

Bryant Huff, District Attorney, Robert A. Barnaby, II, Assistant District Attorney, for appellee.

QUILLIAN, Presiding Judge.

The defendant was convicted for violation of the Georgia Controlled Substances Act (Ga. L. 1974, pp. 221, 223) and appeals to this court after the overruling of his motion for new trial. Held:

1. The affidavit entered in support of the search warrant was not subject to the attacks made upon it. Davis v. State, 129 Ga. App. 158 (3) ( 198 S.E.2d 913); Meneghan v. State, 132 Ga. App. 380 (1) ( 208 S.E.2d 150); Burkill v. State, 135 Ga. App. 595 (1) ( 218 S.E.2d 453).

2. It was not error to overrule the motion for a new trial.

Judgment affirmed. Marshall and McMurray, JJ., concur.

SUBMITTED OCTOBER 12, 1976 — DECIDED NOVEMBER 12, 1976 — REHEARING DENIED DECEMBER 8, 1976 — CERT. APPLIED FOR.